Ex-Army major allegedly joked about killing his wife and moving to Thailand before she drowned in a lake
Graeme Davidson, 56, was charged earlier this year over the 2020 death of his wife, Jacqueline Davidson, after returning to Australia from Thailand.
The 54-year-old drowned while the pair were kayaking on Lake Samsonvale, near Forgan Cove in Queensland 's Moreton Bay region.
Her death was initially ruled an accident but it was later deemed suspicious. Davidson began a relationship with his second wife, Thai woman Pick Pattraporn, after he moved to the Thai beachside town of Hua Hin in April 2021.
Appearing in the Brisbane Supreme Court for a bail hearing, Davidson's barrister Craig Eberhardt KC argued the prosecution's case was 'fundamentally weak' and relied almost entirely on a comment made during a conversation in 2017.
According to Mr Eberhardt, the remark was made while Davidson and a friend were discussing another man whose wife had left him on the day of his retirement, taken half of his pension, and then moved to Thailand.
In response, Davidson allegedly said, 'Oh s*** yeah, I'd kill her and move to Thailand too.' Mr Eberhardt dismissed the comment as nothing more than 'a quip' and insisted it was 'not nearly as sinister as it sounds' with the context.
Justice Tom Sullivan noted the prosecution's case did not include 'direct evidence of murder,' and Mr Eberhardt said there was no evidence Jacqueline had been 'violently assaulted' by Davidson.
The court heard her body showed only minor bruising, which Davidson's defence argued was consistent with his efforts to rescue her and perform CPR.
Mr Eberhardt said the couple had been about 10metres apart on the water when Davidson attempted to 'show off' by standing up on his kayak.
'Jacqueline became distressed about that and used the 'safe word'… designed to let him know that she was concerned about what he was doing,' he told the court.
Davidson claimed he then saw his wife fall into the water and dived in to rescue her. But he struggled to locate her in the 'murky' and weed-filled lake.
He eventually dragged her to shore where he performed CPR and called for help.
Neither were wearing life jackets, with Davidson allegedly telling police the vests had been destroyed by rats while the couple were still living in Bondi, in Sydney's east.
Mr Eberhardt said a witness had confirmed hearing this explanation prior to Jacqueline's death.
Davidson also faces charges of fraud and attempted fraud after allegedly trying to claim more than $1million from his wife's life insurance.
While the defence claims Jacqueline had no intention of leaving the marriage, the court heard she had discussed separation with friends following an affair Davidson had while posted in Papua New Guinea
However, she had also expressed a desire to stay and repair the relationship.
Davidson remains in custody as the matter continues.
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